§ 14-25-5-7 — Freshwater lake emergency; based on investigation

(a) If an onsite investigation under section 6 of
this chapter discloses that:
(1) the operation of at least one (1) significant water withdrawal
facility has caused the freshwater lake to be lowered significantly
below a level described in section 6(1) of this chapter; and
(2) the lowering of the lake level is likely to result in significant
environmental harm to the freshwater lake or to adjacent property;
the director shall, by temporary order, declare a freshwater lake
emergency.
(b) A temporary order may:
(1) restrict the quantity of water that is extracted by the causative
significant water withdrawal facility; and
(2) provide for the restoration of the normal water level of the
freshwater lake;
as needed to prevent significant environmental harm to the freshwater
lake or adjacent property.
(c) A restoration order under subsection (b)(2) may allow the
significant water withdrawal facility to discharge water of an
acceptable quality into the affected freshwater lake.
[Pre-1995 Recodification Citation: 13-2-2.6-10.]

Legislative History

As added by P.L.1-1995, SEC.18.